中美欧贸易报复制度的比较研究

WTO体制下,贸易报复是争端解决的最后保障,但WTO争端机制旨在解决成员之间的争端,因此,要赋予私人请求本国政府对另一国家进行贸易报复的权利,仍然需要国内立法.目前,各主要大国都通过国内立法赋予本国国民权利,以请求本国政府对另一国家进行贸易报复,为争端解决的国内程序和国际程序的衔接提供了基础,使得本国国民可以通过国内程序启动WTO的争端解决程序.与美欧相比,我国关于贸易报复的立法和实践经验均不甚丰富,确实需要借鉴较为完备的美欧立法,完善我国的有关法律制度.

A Comparative Study on Sanction Measures on Trade

When facing trade disputes, a state may choose sanction measures to force a foreign country to cancel the trade protecting measures. Sanction measures have been both accepted in domestic law and international law. It is the last enforcement means of dispute resolution in WTO, but the WTO dispute settlement mechanism aims to solve the disputes between the parties.If the private sector wants to participate, it also needs domestic legislation. Now some main countries in the world all use sanction measures as a domestic legal device through which a citizen can initiate his government to commence an investigation on the unreasonable or discriminatory act, policy or practice of a foreign country, and then the government can decide to engage international dispute resolution mechanisms to resolve bilateral trade disputes under international trade treaties. Our country has established this mechanism, but the lack of experience and the defect of our legislation make it essential to learn from the law of US and the EU.